Bay Shore Railroad v. Harris
Supreme Court of Alabama
Action on the case to Recover Damages for Personal Injury. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. This action was brought by William Harris, by Drs. Sherrard and Heustis as next friends, against the Bay Shore Railroad Company, to recover damages for a personal injury caused by the alleged negligence of the defendant.
Read the full summary
Action on the case to Recover Damages for Personal Injury. Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulmin. This action was brought by William Harris, by Drs. Sherrard and Heustis as next friends, against the Bay Shore Railroad Company, to recover damages for a personal injury caused by the alleged negligence of the defendant. The complaint contained only one count, which averred, in substance, that defendant owned and operated a “ horse railroad in the city of Mobile; that on the 12fch day of March, 1876, while one of the cars on defendant’s said road was being driven along…
1Opinion of the Court
STONE J.
— When injury is the direct and primary, or inevitable result of gross or reckless carelessness, an action of trespass will lie. But, when the injury, though proximate, is secondary or consequential — not the necessary result of the act of negligence — then, a special action on the case is the remedy. — Sheppard v. Furniss, 19 Ala. 760; Rhodes v. Roberts, 1 Stew. 145. The injury charged in the present complaint — in the original as well as the amended count — is secondary and consequential-; not the direct, primary, immediate effect of the wrongful or reckless act imputed to the…
2Cases cited6 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Sheppard v. FurnissSupreme Court of Alabama · 1851
- Rhodes v. RobertsSupreme Court of Alabama · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
12 more not listed; retrieve them via the Exa API.